Directing the joint committee on government and finance to make
a study of methods to alleviate the increasing
administrative and financial burden on retailers resulting
from customers writing worthless checks.
Whereas, The problem of customers writing worthless checks,
particularly customers who write checks on closed or nonexistent
accounts, to retailers for the purchase of merchandise is an
increasing burden on retailers; and
Whereas, Retailers not only suffer the loss of their
merchandise, but often must also pay a returned check charge on
each worthless check that was written; and
Whereas, The cost to retailers for collection on worthless
checks is increasing, forcing many retailers to purchase
additional services to protect themselves from accepting worthless checks; and
Whereas, The prosecution of persons writing worthless checks
is inconsistent throughout the state due to insufficient manpower
and insufficient funds in the prosecuting attorneys', sheriffs'
and magistrates' offices; and
Whereas, Every consumer is burdened with paying the costs to
the retailer of worthless checks by increased pricing; therefore,
be itResolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby
directed to appoint an interim committee to study ways to
decrease the administrative and financial burden on retailers
resulting from worthless checks, to recommend alternative
solutions to the problem, to recommend ways to improve and
provide for uniform prosecution throughout the state of persons
writing worthless checks and to make recommendations to the
Legislature regarding the same; and be itFurther Resolved, That the interim committee appointed by
the joint committee on government and finance shall consist of
twelve members, three of whom shall be members of the Senate;
three of whom shall be members of the House of Delegates; one
shall be a magistrate; one shall be a prosecuting attorney; one shall be a banker; one shall be a retailer; one shall be a member
of the West Virginia retailers association; and one shall be a
member of the West Virginia bankers association; and, be it Further Resolved, That the joint committee on government and
finance report to the regular session of the Legislature, 1996,
on its findings, conclusions and recommendations, together with
any drafts of any legislation necessary to effectuate its
recommendations; and, be itFurther Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the joint
committee on government and finance.